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"Exclusivity In The New Economy: Software Strategies" In The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Exclusivity In The New Economy: Software Strategies" In The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.


"Disruptive Innovation And Tsunami Stressors" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Disruptive Innovation And Tsunami Stressors" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.


"Exclusivity In The New Economy: Internet Businesses" In The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Exclusivity In The New Economy: Internet Businesses" In The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.


"Proper Uses Of The Business Plan" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Proper Uses Of The Business Plan" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. A useful business plan provides a blueprint for the operations, direction, and growth of a business. It explains the needs for funding, anticipates the cash flow operations of the business, highlights strategic partnerships, and serves as a proof-of-concept for key partners. The credibility of the business plan will help investors, founders, suppliers, lenders, and other key partners be able to assess the thoughtfulness and planfulness that has gone …


"Franchising Basics For Franchisees" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Franchising Basics For Franchisees" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. A franchise is a license or agreement to use the existing business model provided by a company, including its trademarks, recipes and other know-how, its patented products, and processes, in exchange for agreeing to pay the company for the license and to adhere to a set of rules or guidelines on how the business is expected to operate. The company selling the franchise license is the franchisor and …


"The Key Business Plan Provisions" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"The Key Business Plan Provisions" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.


"Exclusivity In Manufacturing And Service" In The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Exclusivity In Manufacturing And Service" In The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. Manufacturing is the most common realm for process innovation and efficiency goals. Patents allow manufacturers to maintain extended exclusivity in their products. Trade secrets protect the methods of creating the products and the inside know-how on the best way to get the job done. Copyright is useful to protect the text of the manuals, brochures, and other printed materials, diagrams, and tools that assist with the products. Finally, …


"The Small Differences And Large Similarities To The Old Sales Paradigm" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"The Small Differences And Large Similarities To The Old Sales Paradigm" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.


"Social Entrepreneurship, Public Benefit, And The Exclusivity Through Purpose" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Social Entrepreneurship, Public Benefit, And The Exclusivity Through Purpose" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. In the United States there has been the development of a relatively new category of for-profit enterprise that focuses on a public good that occurs directly as a consequence of the company’s operation. Unlike a tax exempt, nonprofit charity which can have no shareholders, the public benefit corporation allows for shareholders and profits, but it also allows management great flexibility in transferring the profits of the enterprise to …


"The Opportunity For Relevance—Creating Innovation And Relieving Stressors" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"The Opportunity For Relevance—Creating Innovation And Relieving Stressors" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses.


"Reflecting Value In Intangibles: Proving The Worth Of Intellectual Property" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon Jan 2018

"Reflecting Value In Intangibles: Proving The Worth Of Intellectual Property" From The Entrepreneur’S Intellectual Property & Business Handbook, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts from The Entrepreneur’s Intellectual Property & Business Handbook, which provides the business, strategy, and legal reference guide for start-ups and small businesses. One of the more challenging aspects of developing a company based on intellectual property assets is the challenge in valuing those assets for the purpose of both lenders and investors. As a general matter, the intellectual property assets created by a company are not reflected as having value on the company’s books. As the WIPO primer on intellectual property for small business explains, “[t]he practice of extending loans …


The African Court And Human Rights: What Lies Ahead For The Merged Court?, Florence Shu-Acquaye Jan 2018

The African Court And Human Rights: What Lies Ahead For The Merged Court?, Florence Shu-Acquaye

Faculty Scholarship

This paper examines the African Court of People’s and Human Rights, the historical evolution, criticism, and explores issues that the Court may deal with as it assumes its new and envisioned role and form as the Merged Court.


Book Review (Reviewing John Grisham, The Rooster Bar (2017)), Robert Jarvis Jan 2018

Book Review (Reviewing John Grisham, The Rooster Bar (2017)), Robert Jarvis

Faculty Scholarship

No abstract provided.


Will It Ever End? Preventing Mass Shootings In Florida & The U.S., Vanessa Terrades, Shahabudeen Khan Jan 2018

Will It Ever End? Preventing Mass Shootings In Florida & The U.S., Vanessa Terrades, Shahabudeen Khan

Faculty Scholarship

No abstract provided.


Slave Gambling In The Antebellum South, Robert Jarvis Jan 2018

Slave Gambling In The Antebellum South, Robert Jarvis

Faculty Scholarship

No abstract provided.


The Effect Of Non-Compete Agreements On Entrepreneurship: Time To Reconsider, Florence Shu-Acquaye Jan 2018

The Effect Of Non-Compete Agreements On Entrepreneurship: Time To Reconsider, Florence Shu-Acquaye

Faculty Scholarship

No abstract provided.


Punishment And Moral Risk, Adam J. Kolber Jan 2018

Punishment And Moral Risk, Adam J. Kolber

Faculty Scholarship

No abstract provided.


Improvident Student Lending, Vijay Raghavan, Joseph Sanders Jan 2018

Improvident Student Lending, Vijay Raghavan, Joseph Sanders

Faculty Scholarship

No abstract provided.


Licenses And The Property/Contract Interface, Christina Mulligan Jan 2018

Licenses And The Property/Contract Interface, Christina Mulligan

Faculty Scholarship

No abstract provided.


Copyright Without Copying, Christina Mulligan Jan 2018

Copyright Without Copying, Christina Mulligan

Faculty Scholarship

No abstract provided.


Responsive Regulation And Resiliency: The Renewable Fuel Standard And Advanced Biofuels, Nadia B. Ahmad Jan 2018

Responsive Regulation And Resiliency: The Renewable Fuel Standard And Advanced Biofuels, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.


Contract Law's Predominant Purpose Test And The Law-Fact Distinction, Daniel P. O'Gorman Jan 2018

Contract Law's Predominant Purpose Test And The Law-Fact Distinction, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.


Sign Or Die: The Threat Of Imminent Physical Harm And The Doctrine Of Duress In Contract Law, Daniel P. O'Gorman Jan 2018

Sign Or Die: The Threat Of Imminent Physical Harm And The Doctrine Of Duress In Contract Law, Daniel P. O'Gorman

Faculty Scholarship

No abstract provided.


Police Ignorance And Mistake Of Law Under The Fourth Amendment, Eang L. Ngov Jan 2018

Police Ignorance And Mistake Of Law Under The Fourth Amendment, Eang L. Ngov

Faculty Scholarship

No abstract provided.


We Interrupt This Program...To Talk Of Transfer Restrictions, Daniel S. Kleinberger Jan 2018

We Interrupt This Program...To Talk Of Transfer Restrictions, Daniel S. Kleinberger

Faculty Scholarship

A recent Iowa decision, REG Washington, LLC v. Iowa Renewable Energy LLC, is a useful first word on transfer restrictions applicable to ownership interests in a limited liability company, and more particularly transfer restrictions applicable to so-called transferable interests, i.e., economic rights. The decision’s analysis centers around the “pick your partner” principle and expressly rejects any analogy to corporate law cases addressing stock transfer restrictions. The decision raises certain issues and is hardly the last word on this topic.


Sex Harassment Training Must Change: The Case For Legal Incentives For Transformative Education And Prevention, Susan Bisom-Rapp Jan 2018

Sex Harassment Training Must Change: The Case For Legal Incentives For Transformative Education And Prevention, Susan Bisom-Rapp

Faculty Scholarship

In the wake of the #MeToo moment, employers, legislators, and human resources professionals have defaulted to a familiar solution to what seems like an epidemic of workplace harassment: mandatory sex harassment training. The chosen antidote, however, begs an important question that this author posed over 15 years ago: Does sex harassment training actually prevent harassment? My review of the social science research in 2001 revealed no convincing evidence that sex harassment training curbs harassment. In fact, the scant research available indicated that training, as typically conducted in American workplaces, may backfire, triggering stereotypes about women and people of color, and …


Propping Up Corporate Crime With Corporate Character, Miriam H. Baer Jan 2018

Propping Up Corporate Crime With Corporate Character, Miriam H. Baer

Faculty Scholarship

In his article, Clockwork Corporations: A Character Theory of Corporate Punishment, 103 Iowa. L. Rev. 507 (2018), Mihailis Diamantis champions character theory as a justification for corporate punishment. According to Diamantis, character theory more usefully guides corporate punishment than either deterrence or retribution. The idea is to identify the supposed character flaw that caused a given corporate violation, and then to rehabilitate the corporation by addressing that flaw.

At first glance, Diamantis’s rehabilitative approach appears relatively straightforward. For a corporate crime that is “out of character,” the judicial response might be rather measured; for one that evidences an “errant disposition,” …


Sorting Out White-Collar Crime, Miriam H. Baer Jan 2018

Sorting Out White-Collar Crime, Miriam H. Baer

Faculty Scholarship

Our federal criminal code defines crimes, but declines to sort its fraud offenses according to degrees of harm or culpability. Although state prosecutors routinely charge crimes such as homicide or robbery in varying degrees, the federal code’s core fraud statutes are noticeably flat. There is no such thing as first- or second-degree fraud in the federal code.

Amidst a roiling debate as to whether the federal government overcriminalizes or underenforces white-collar crime, scholars have lost sight of the federal code’s lack of gradation. This Article seeks to remedy this neglect, particularly in regard to fraud crimes. Drawing examples from federal …


The Global Problem Of Bisexual Erasure In Litigation And Jurisprudence, Nancy C. Marcus Jan 2018

The Global Problem Of Bisexual Erasure In Litigation And Jurisprudence, Nancy C. Marcus

Faculty Scholarship

As the rights of lesbians, gay men, bisexual people, and transgender people (“LGBT rights”) have received increasing protections across the globe in recent years, so-called gay marriage and other gay issues, and, more recently, transgender issues, have been prominent in recent legal discourse. In contrast, bisexuality has too often been omitted from legal rights discourse, with bisexual people who are barely acknowledged in LGBT-rights litigation and discourse beyond the minimal inclusion of the letter B in the acronym LGBT. This article examines the problem of bisexual invisibility and erasure within LGBT-rights litigation and legal discourse around the world. Although exposing …


Gender Sidelining And The Problem Of Unactionable Discrimination, Jessica K. Fink Jan 2018

Gender Sidelining And The Problem Of Unactionable Discrimination, Jessica K. Fink

Faculty Scholarship

Gender dynamics suffuse virtually every workplace. Indeed, the way that employees interact with one another turns not only on their individual backgrounds, skills and personalities, but also frequently on their gender. While many employees embrace gender diversity at work and appreciate the benefits of incorporating both male and female perspectives into workplace programs and projects, this ideal does not translate into every work environment. In many workplaces, female workers continue to experience unfair (and often unlawful) treatment based upon their gender. The law has done much to outlaw overt gender discrimination at work, providing a legal framework within which female …